If you are a first-time criminal defendant, you may wonder, “What is a plea deal agreement? Can it help me with my criminal defense?” or “What is a plea agreement?”
A plea agreement, also called a plea deal, is an agreement between the prosecutor and the defendant. This agreement is typically made to avoid the need for a trial. The defendant agrees to plead guilty to some or all of the charges in return for the prosecutor dropping some charges or reducing the sentence served by the defendant.
A plea bargain is the negotiation process of creating a plea deal. Your criminal defense attorney meets with the prosecutor to discuss the crimes you have been charged with and the evidence each side has. Once that groundwork has been laid, negotiations begin.
These negotiations will include precisely what charges you will plead guilty to and what penalties you will suffer based on those pleas. Prosecutors are open to plea bargains in most criminal cases because these bargains save time and money.
There are a few types of plea deals, including charge and sentence bargaining.
You negotiate for lesser charges through charge bargaining to avoid being charged with a felony or because the prosecution has a weak case. In sentence bargaining, you agree to plead guilty to all charges, but only if you receive a lesser sentence than the maximum. This type of deal is often made to save time in a trial.
During the negotiation process of a plea agreement, both the prosecutor and your defense attorney will seek some type of leverage to get a good deal. For example, your lawyer may try to get a piece of evidence tossed by the judge. This gives them an advantage that they can use to negotiate a better deal.
When no side has a clear advantage, the lawyers negotiate penalties and charges, as two people might negotiate a business contract or purchase. The consequences are just a lot more significant for you than the price of a car.
Both sides can benefit from a plea bargain. As the defendant, you could receive reduced penalties, reduced charges, or both. The prosecution typically benefits from avoiding a lengthy trial. Most prosecutors have limited resources and can’t afford the time or costs of trying every case.
Plea deals are also beneficial for their certainty. When a case goes to trial, there is no way to determine what a jury will decide. By accepting a plea bargain, you take the unpredictability of a jury out of the equation.
The most significant drawback of accepting a plea bargain is that you must plead guilty to a crime. While that crime may be just a misdemeanor, it will become a permanent part of your criminal record. That black mark may be used against you by banks, employers, and landlords for the rest of your life.
There is also an opportunity cost. If you take the case to trial, the jury will likely find you not guilty of all charges. That possibility disappears when you enter into a plea deal.
Every plea deal will include a sentencing recommendation. This is a penalty that both parties agree to in return for pleading guilty. For example, you might plead guilty to Driving Under the Influence in return for receiving a period of time on an alcohol monitor as a condition of your probation in Florida. This is a better result than spending that same period of time in jail.
Specific terms come up frequently in plea agreements:
These factors and more can be negotiated during a plea bargain.
You are not required to accept a plea agreement negotiated by your attorney. It is your choice if you believe you will be better off trying your case. You risk receiving a harsher sentence if the jury rules against you.
In every plea deal, you plead guilty to at least one misdemeanor or felony. This means that you have been convicted of a crime. If that crime were a felony, you would lose some rights, potentially permanently.
Even if it is only a misdemeanor offense, you may temporarily lose some rights, and employers could use that information to refuse to hire you. Some jobs are prohibited for people convicted of a crime, regardless of the severity.
The strength of the prosecution’s case is often a significant factor in plea bargains. If the prosecutor is confident they would win at trial, they are less likely to make concessions during a plea bargain.
However, the severity of the charge also matters. Typically, prosecutors want to avoid spending weeks dealing with a low-level misdemeanor when that time could instead be spent on felony cases. Even if it is a slam-dunk case, you may get extra leeway if you face less serious charges.
Plea deals are also different based on the type of case. In a DUI case, for example, you might focus on avoiding jail time or pleading to a charge that doesn’t result in the automatic revocation of your license. Conversely, in many drug cases, prosecutors will accept a reduction of charges if you assist in prosecuting cases against dealers.
Before you accept a plea deal, it’s important to be fully informed about what the deal will mean for your future. You should also clearly understand your legal options and their potential consequences.
This means you should carefully weigh the advice of your criminal defense lawyer. An experienced lawyer will have handled hundreds or thousands of similar cases and can explain what might happen if you do and don’t accept a plea agreement.
The criminal justice system in the U.S. guarantees you the right to an attorney when your freedom is in jeopardy. As a first-time defendant, the most important thing you can do is consult with an experienced criminal defense attorney as soon as possible. Ask your lawyer to explain how plea deals work and what a plea deal would mean for your case.
If you need assistance with a plea deal in Florida, contact The Denson Firm. Our experienced legal team will evaluate your case, negotiate the best possible outcome, and protect your rights every step of the way. Don’t face the complexities of the legal system alone, schedule a consultation today and take control of your defense.
There are two main steps to a plea deal in Florida. The first step involves negotiations between your defense attorney and the prosecutor’s office. While other staff in the office may assist with negotiations, only the prosecutor in charge of your case can approve the deal.
The second step is getting approval from a judge. Judges will approve most plea deals but can deny an agreement they feel is not in the interest of justice.
Many defendants and lawyers prefer plea deals to trials because the results of plea deals are specific. Conversely, a trial is entirely unpredictable. Two different juries could give widely different verdicts, even when presented with the same evidence in the same way.
If the plea agreement includes significantly lower penalties or a reduction to only misdemeanor charges, your lawyer may recommend accepting the deal instead of taking your chances at trial.
However, a trial may be better than a plea agreement if you face a long sentence and the prosecution is unwilling to agree to a significant penalty reduction. With a trial, you will likely get better results.
During a plea hearing, the judge will require both the prosecutor and you to affirm that you agree to the deal. The judge wants to ensure you understand precisely what you agree to. Then, the judge will place the plea into the court records. This includes fully explaining what charges you pled guilty to and what penalties you face.
If the judge doesn’t accept the plea agreement, they can send it back for additional negotiations or continue with a trial.
When you agree to a plea deal, you effectively sign a contract. You agree to plead guilty to certain charges and to follow any other conditions outlined in the agreement. For example, you may attend therapy or perform community service.
If you violate any of these conditions, your deal can be revoked, resulting in you suffering more serious penalties for the charges.
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